Incoming Ian R. Kerr fellow takes aim at data portability

By Common Law

Communication, Faculty of Law

Fellowships
Ian R. Kerr Fellow Gabriela Bolaños Vainstein
The Faculty of Law is pleased to announce the appointment of Gabriela Bolaños Vainstein as the 2024-25 Ian R. Kerr Fellow.

Vainstein, a native of Peru, will undertake her LLM and focus her research on the current state of legislative development, public policy and other initiatives regarding data portability and interoperability in Canadian data-driven markets.

“This scholarship is a dream come true for me. The LLM program will allow me not only to continue learning about cutting-edge topics in law and technology at a strategic institution like uOttawa, but also to develop skills for actively contributing to and participating in the co-creation of inclusive and sustainable digital policies in my country.”

The Ian R. Kerr Fellowships for the LLM in Law and Technology, was established in tribute to Professor Ian R. Kerr's outstanding contributions to technology law, ethics and policy. To continue his efforts towards a more inclusive academy and empowering emerging researchers, the Fund creates graduate, doctoral and post-doctoral scholarships to support students from non-traditional backgrounds or perspectives, or from abroad who are not usually supported by traditional funding schemes.

“During my childhood, I often observed the challenges faced by remote and underserved communities and how technology and digital transformation can profoundly improve and protect lives,” said Vainstein.

When her father, a marine, was stationed in a remote area of the Peruvian jungle, Vainstein witnessed, from a very young age, how an innovative navy platform can deliver crucial services such as, telemedicine and banking to isolated Amazonian communities. This laid the foundation for her pursuit of a career that can inherently change lives by improving data access, exchange and reuse in the private sector and digital environment.

Vainstein’s interest in this research developed further during her studies at the University of Bayreuth, Germany, where she explored the General Data Protection Regulation (GDPR). The GDPR focuses on the introduction of the right to data portability.

Her bachelor’s thesis focused on "The right to data portability in the Peruvian legal system," which culminated in a book published in May 2023, by Yachay, a Peruvian media outlet.

She also intends to focus her Fellowship research on how data-driven markets can benefit from flexible legal and public policy mechanisms, particularly in the context of emerging technologies like AI-based systems. 

Ian R. Kerr fellow Gabriela Bolaños Vainstein

“I believe effective digital transformation policies are powerful and can be used to reduce inequalities and connect people to essential services such as communication, education and healthcare.”

Gabriela Bolaños Vainstein

By researching and promoting how user data moves between systems and the standards set in these digital markets,  Vainstein intends to address persistent issues around data ownership, security, ethics and the protection of fundamental rights, particularly in the face of new technologies like AI.

“Ian Kerr was a prescient scholar and giant in the field who took enormous pride in training the next generation of privacy leaders as part of the University of Ottawa’s graduate law program,” said Professor Michael Geist. “Gabriela’s remarkable academic record and ambitious plans for her LL.M. in Law and Technology represent precisely the kind of world-class student Ian envisioned coming to the law school. I’m so excited to welcome her to the University and to honour Ian’s legacy as she becomes part of the Kerr Fellow family.” 

We look forward to the advancements Ms. Vainstein will make in her field and how this Fellowship will contribute to her important work in data portability and interoperability on a global scale.